Governing Documents for Condominium and Homeowner Associations don’t age well. They are not like a fine wine. They are more like cheap cheese. Remember, they were likely written by a developer who really only cared about them until it had sold all of its units or lots (assume 10 years or less). So if your […]
Our Governing Documents Have Aged Nicely Read More »
A condominium association had an owner that was uncooperative, didn’t like following rules and paid assessments on her own timeframe for more than 10 years. In the spring of 2009, another law firm started collection against the unit owner for unpaid assessments by filing a lien on the property. During the next year and a
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The COVID-19 Pandemic has created a global economic crisis impacting individual unit and home owners, and the associations they comprise. An unfortunate result will be an increase in bankruptcy filings. Learn how to prepare and protect your Association now. Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys?
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A fiduciary duty creates an obligation to act for another’s benefit. A board of director’s fiduciary duty is to the association and its members. So what are the core duties of an association director? Individual loyalty, good faith and fair dealing in conducting the association’s business, care, and obedience to follow and enforce the association’s
Fiduciary Duties 101 – Limiting the Liability of the Board Read More »
In a 2017 New York case, a dispute arose over what authority the Association had to perform landscaping maintenance on an individual homeowner’s lot (Minkin v. Board of Directors of Cortlandt Ridge Homeowners’ Association, Inc., 149 A. D.3d 723 (2017)). When the owner refused to pay the assessment for the landscaping services, the Board started
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Yesterday, Governor Ever’s signed Emergency Order #15 which reiterated the public health emergency relating to COVID 19. It’s title: “Temporary Ban on Evictions and Foreclosures” also implies that foreclosure actions can not be filed or advance. That is not the case. Here is what the Order states relative to Foreclosures: “7. Mortgagees are prohibited from
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Facts Developer subjected property to the condominium act in Massachusetts in 2008. By the terms of the deed, it included all the “land and improvements at the property…” There were to be six wings and up to 109 units built over a period of seven years. When the deed was recorded, 33 units had already
Problem What do you do if you want a detached garage but your documents don’t allow it? Facts Plaintiffs sought to enjoin the construction of a detached garage in their association on the grounds that it was specifically prohibited by the declaration. However, the declaration provided a procedure for review of any proposed structure that
Architectural Control Committee – Why It’s Needed!!! Read More »
Water leaked through a bedroom ceiling in a downstairs condominium unit causing a small amount of damage and a significant amount of inconvenience for the owner. Approximately one year earlier, a similar event took place as a result of a frozen condensate line in the upstairs unit owner’s air conditioner, which caused water to back
