Issue When association documents require funds from owners to be applied in a certain order, can a unit owner alter how the funds are applied by writing in the memo portion of a check that it is for the monthly assessment only? The Answer, at least in this Ohio case, is “No.”
Court Upholds Association Decision to Return Checks Containing Restrictive Language Read More »
The Problem You are on the Board of your association (ABC Association). Unfortunately, as often happens, someone has decided to complain about EVERYTHING. First they complain to the Board. Then to every unit owner that will listen. This particular complainer is both convincing (because he does not know or care to actually understand all of
Registering Your Association’s Name and Logo – YES – You Absolutely Should Do It Read More »
A recent New York Court dealt with an issue on leasing (Olszewski v. Cannon Point Association, Inc., 148 A.D.3d 1306 (2017)). The Board adopted rules and regulations that placed restrictions on leasing that contradicted relevant portions of the Association’s Bylaws. The Association then fined the owner for violating these restrictions and the owner sued. The
Can the Association’s Documents be Contradictory and Still Enforceable? Read More »
Declarant/Developers of Community Associations love to reserve themselves rights within the Declaration that extend far beyond their Declarant control powers. This is nothing new. But when a Homeowners Association puts it foot down, who will end up on top? It depends on how all the sections in the Declaration read together, and as this case
Post-Turnover Declarant Rights? Think Again…This One has a Happy Ending for the HOA Read More »
Facts In 2015, Unit Owner’s dog, Maggie, was an 11-year old golden retriever. Maggie bit another dog living at the Association and had previously “displayed aggressive behavior or injured another dog” at the Association. After the latest bite, the Association issued a notice of violation that Maggie had to be removed from the Association. The
Emotional Support Animals – If It’s Aggressive, It’s Not Reasonable Read More »
Summary A 79-unit condominium association held a meeting to remove the directors from office and elect new ones. The president objected to the meeting, the procedure and the notice, but since the association followed the documents and had more than half of the unit owners vote for the removal, the directors were removed.
Directors Removed from Office – Just Follow the Documents Read More »
Facts The plaintiff, Jody Goldstein, was beaten and robbed, resulting in serious, permanent injuries while staying as a guest at the Chateau Orleans, a combination hotel, timeshare, and condominium facility located in the French Quarter in New Orleans. The defendant, Leisure Management, Ltd. maintained and operated the Chateau. Upon arriving at the Chateau, the plaintiff
Summary Your Association should ensure that the language and definitions in governing documents reflect the intentions of the Association. If they don’t, amend them, don’t just pretend they say something they don’t say Facts Sunburst Farms East (the “Association”) is a residential community consisting of four sections with individual lots (Sections 2, 3, 4, and
The Language Used in Documents, Amendments and Motions Matters Read More »
Does your condominium association or HOA sign contracts for vendor services? Who does the contract protect – the vendor or the association? What you need to know about condo association and HOA vendor contracts in less than a minute. Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys?
Association Contracts in Less Than 1 Minute Read More »
Do you know for a FACT that your condominium association or HOA has all of the insurance the law requires you to have? Learn about the insurance coverage your condo or HOA should get in less than a minute. Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys?
Condo Association & HOA Insurance Coverage in Less Than 1 Minute Read More »
