Davis v. Echo Valley Condominium Association, No. 17-12475 (E.D. Mich. Nov. 7, 2018) Summary The Eastern District of Michigan court held that a smoking ban demanded by a disabled owner was an unreasonable accommodation for purposes of the Fair Housing Act since the measure was not approved by the owners, and the Association was powerless […]
Smoking Ban Was An Unreasonable Request Read More »
As a result of the new legislation that passed, in three different bills, for each of your condominium associations you need to deal with the following: Disclosure Requirement Fees. If your association currently charges or intends to charge a fee for complying with some or all of the disclosure requirements under Sec. 703.33 Wis. Stat.,
Notice to Wisconsin Community Association & Property Managers Read More »
An owner violates the rules. The Board assesses fines to the unit owner. Will the fines hold up in a court of law? In this case, they did—and your Association can take note of what this Court says the HOA did right. Facts. In a 2017 case, an owner who lived in a subdivision with
A Board of Directors’ Right to Fine for Violations Read More »
Facts The defendant, Lennar Homes developed Martinique at Oasis, a residential community located in Homestead, Florida comprised of 241 homes. Lennar Homes sold each of the homes in the community to individual homeowners. Each of the purchase agreements between Lennar Homes and the homeowners contained an arbitration provision, which required the parties to submit any
In New Jersey, the United Stated Bankruptcy Court held in In re. Smiley, 569 B.R. 377 (2017) that a Unit Owner/Debtor can modify the Association’s lien and strip off all but the six month super lien allowed under the state’s condominium act. The facts at the time were that the Association was owed $9,000 for
A Milwaukee association took possession of a unit through foreclosure, but could not rent out the unit because of its condition and could not sell it because of a large mortgage. After the property is vacant for several months and the lender did not start a foreclosure, The Condominium & HOA Law Team brought a
Quiet Title Actions Read More »
My points below exaggerate problems that I commonly see, but the advice is sound: “Are your three brain cells still talking to each other?” Knowing how to deal with difficult people is a prerequisite to property management. Don’t aggravate a situation by making a challenging person even more difficult to deal with – this won’t
6 Things Community Property Managers Should Never Say Read More »
Two of the three lot owners in a subdivision had a dispute over a driveway easement and boat slips. Lot 2 was contracted to be sold first and it included a driveway easement on Lot 1 and Slip A (the one with the boat lift). When Lot 2 was deeded, however, Slip C was on
Driveway Easement and Boat Slips – Expensive Fighting Read More »
What is the Corporate Transparency Act? The Corporate Transparency Act (the “CTA”) was enacted by Congress on January 1, 2021 (31 USC 5301, et seq.). The stated purpose of the law is to address “the disclosure of corporate ownership and the prevention of money laundering and the financing of terrorism.” WHAT? So how does this relate to
Issue Does a homebuilder need Association approval of its plans? NO, unless the condominium documents require it. Facts The plaintiff was the builder, Canyon Custom Home Builders (“Builder”). The defendant was Somerset Condominium Association, Inc. (“Association”). The Builder wanted to construct on eight vacant lots/units. The entire Association consisted of 37 units. Although some units
