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K&C Wisconsin Team

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

Wisconsin /

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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Attorney Fees – FDCPA Violation – Failure to Follow Association Document Procedures

Wisconsin /

Facts Plaintiff, O’Donnell, bought his condo in 2012 and sold it in 2019.  Beginning in 2013, O’Donnell missed various assessment payments.  In late 2013 the association filed a lien, and in 2018 the association commenced a foreclosure action.  To bring the lawsuit to an end, O’Donnell sold his unit.  The sale allowed O’Donnell to pay

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Wisconsin’s WB-14 Residential Condominium Offer to Purchase (CONDO SELLERS BEWARE)

Wisconsin /

On September 1, 2020, Wisconsin’s WB-14 form become the standard form used by real estate brokers on behalf of their clients to purchase condominiums.  As drafted, it is a trap for the Seller, and any Broker using it should, at a minimum, cross out lines 158-160.  Although this new form offer may make the broker’s

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Is Your Upstairs Neighbor Noisy? – Floor Covering Restrictions

Wisconsin /

Noise coming from adjacent units is a common problem. It can be caused by many things, including music, instruments, appliances, running, jumping, or a myriad of other causes.  Our advice has almost always been that if you have a rule, you need to enforce it uniformly against all.  However, with noise, it is often difficult

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Declarant Contracts, Including Easements, can be Voided

Wisconsin /

Becker Boards Summit, LLC v. Summit at Copper Square Condominium Association – 2018 WL 6695279 ( 2018 Ariz.) Issues:  The court in this case addressed two important issues: Can a Developer, before turnover, amend a Declaration to convert Common Element to Limited Common Element for the benefit of a Developer Unit? Can Developer contracts entered

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FHA Update

Wisconsin /

Non-action may no longer be a safe choice. In October of 2016, the United States Department of Housing and Urban Development (“HUD”) added certain provisions to the Fair Housing Act (“FHA”) which impose additional liability for condominium associations, homeowners associations, and landlords based on non-action. One of the main additions to the FHA was the

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An HOA Amendment that was not Reasonably Foreseeable under the Original Declaration may not be Enforceable Without the Consent of 100% of the Owners

Wisconsin /

What you need to know: In some States amendments to a HOA declaration that was not reasonably foreseeable is not enforceable.  MacLeod v. Mogollon Airpark Inc., Not Reported in Pac. Rptr., 2023 WL 2582622 (Cal. 2023) Issues:

An HOA Amendment that was not Reasonably Foreseeable under the Original Declaration may not be Enforceable Without the Consent of 100% of the Owners Read More »

Association Academy: Condo and HOA: Zoning, Cyber Crimes, Fine Collection, and Emotional Support Animals

Wisconsin /

Please join us for this informative seminar. We’ll review fine collection, common zoning regulations and practices, the importance of cyber insurance, and recent updates from the Department of Housing and Urban Development on emotional support animals.

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