We’ve reached the point in the COVID-19 pandemic where states are starting to reopen. So now what? What does this mean for your Association? Find out what your Association needs to do to reopen its common elements in this Vlog. (Don’t mind the videography, it’s a work in progress!) Want to learn more about Wisconsin […]
COVID-19: Reopening Common Elements Read More »
Castilian Hills Homeowners Association v. Chaffins, (Wash. Ct. App. Oct. 22, 2018) The Facts Homeowner bought home in 2004. In 2016, the homeowner failed to pay his $147 assessment. The homeowners association (“HOA”) assessed a $20 late fee. The homeowner still did not pay, despite the normal language in the HOA governing documents about interest,
How to Turn $147 into $10,000 – the WRONG Way Read More »
Condominium associations and homeowner associations are sued every day. These suits can arise based on construction claims, contract claims, negligence claims and various alleged statutory violations – We all know about the Fair House Act! Or the Wisconsin (or whatever state you are in) Consumer Act! Associations seem to attract people who feel that they
Sued! What Should Our Wisconsin Condominium or Homeowners Association Do NOW? Read More »
A defense owners can raise if the Board claims the owner has violated the rules is “selective enforcement,” meaning the Board arbitrarily picks on some violators and not others. In addition, owners oftentimes like to rely on approval given by one board member, taking that as “Board approval” of the owner’s actions. The case below
Facts Marshall Spiegel, the Unit Owner, had been in constant litigation with his Association for over 20 years regarding various matters surrounding the operation and maintenance of the common areas. One of these lawsuits sought to establish set dates in which the community pool was to remain open, among other things. Spiegel and Association agreed
Can you Agree to Waive your First Amendment Rights? Read More »
Thank you to all who attended our FIRST EVER virtual Association Academy! We had record-breaking attendance by property managers and board members. If you missed it, don’t fret, we recorded it for you, and you can access at any time. To view the recording click HERE. We reveal the 10 commandments of what association management “Shalt
Association Academy: The 10 Commandments of Association Management Read More »
Record retention is a tricky subject. Keep too much or for too long and opposing counsel in litigation will have all the documents they may need to prove that your association’s actions were discriminatory or amounted to selective enforcement, at least compared to its old records. Keep to little or for too short of time
HOA and Condominium Record Retention – What you NEED to Know!! Read More »
A Maryland Court recently ruled on the extent of powers a Condominium Board had in dealing with a unit owner who was delinquent in assessments (Elvation Towne Condominium Regime II, Inc. v. Rose, 162 A.3d 1027). The Association at issue adopted a policy by which delinquent unit owners would be deprived of their right to
Delinquent Owners – Withholding Access to Common Elements Read More »
Does your homeowners association have a written collection policy? What duties does the property manager and/or Board have under the policy? Learn what role the property manager and/or the Board of Directors should have in the assessment collection process. Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys?
Summary A single warranty date applies to each condominium building in a development. Meaning that each unit does not have its own warranty date, and units in different buildings will likely have different warranty dates, unless they happen to be completed on the same date. The Facts Village Lofts Condominium Association consisted of two buildings:
Investigate for Hidden Defects at Turnover or Pay the Price Read More »
