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 […]
What you need to know: A Declaration can be amended to allow certain units to exit an association provided the governing documents and relevant statutes are followed, but obtaining an attorney opinion first will likely help you if the matter goes to court.
Can Some Units be Removed from an Association? Read More »
If you are a condominium association who is preparing to complete a lien foreclosure on a Unit, you are sure to have many questions about what to expect if you become the owner of the Unit through the foreclosure process. Should the Association rent, sell or hold the Unit and what are the risks associated
Summary Earlier this year, I blogged on the case of Johnson v. Board of Directors of Forest Lakes Master Association, 454 P.3d 623 (2019) unpublished (Kansas) and explained how improperly passing and/or filing amendments can be VERY expensive. This is true in every state, and today we learn of another way that amendment errors can
Improper Amendments Are VERY Expensive Read More »
If you are reading this article, odds are that you have heard of the Corporate Transparency Act (“CTA”). Odds also are that this is the first you have heard that a Federal Court in the Northern District of Alabama has ruled it to be unconstitutional because the CTA “cannot be justified as an exercise of
Corporate Transparency Act Ruled UNCONSTITUTIONAL Read More »
Does your Association have governance policies in place? Here are just some of the policies we have seen: Alternative Dispute Resolution Policy American Flag Policy Assessment Increase Limitations Policy Budgets and Reserves Policy Collections Policy Fair Housing Policy Insurance and Risk Management Policy
Governance Policies – Why Does Our Association Need Them? Read More »
Time and time again we hear that one of the biggest challenges in conducting annual Association meetings is simply achieving a quorum (in other words, getting enough butts in the seats). Without a quorum, business cannot be conducted, votes cannot be taken, and the Association’s operations are virtually stymied. The Association is forced to adjourn
Two years ago, the law in Wisconsin was clarified relative to what records unit owners were entitled to inspect and copy. That list used to require a comparison of Ch. 703 and Ch. 181 Wis. Stat. Now what is required to be maintained and produced to unit owners is set forth in 703.20 Wis. Stat. Below is a
Association Records – What You Need to Know Read More »
Recently, Attorney Naomie Kweyu scored a huge bench trial win in a southeastern Wisconsin circuit court on a foreclosure and money judgment action. Summary If you want the best chance of collecting outstanding assessments, late fees, interest and attorney fees, you need to be organized, have a collection policy and follow your documents. Doing so
