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 Declarant owned nine of 10 units, controlled the board and association, failed to have an association bank account, intermingled the assessments that were paid into his business account, never held elections or annual meetings and kept no separate corporate records. Yet, the Court held that these failures could not be used as an excuse
Many of you may have seen the June 7, 2021, Milwaukee Sentinel story about a Milwaukee area home that was flying two flags: one the US flag and the second a Pride flag. According to the story, the owners were told to take down the Pride flag because the association only allowed the US flag.
Seeing Injustice is Easy – Solving Problems is HARD Read More »
Summary When faced with the question of how much is too much for a “reasonable fee” the US Court of Appeals for the 7th Circuit held that it could not answer the question because the right parties were not before the court. The Facts Keith Horist owned a condominium in downtown Chicago building’s condominium association.
How Much Can an Association Charge for Providing Disclosure Documents as Part of a Sale? Read More »
Some states have statutes that require that Associations provide a notice and opportunity to be heard to a resident before the Association can fine them for a violation of the governing documents. Even though Wisconsin does not have such a statute, providing residents a notice of the alleged violation and opportunity to give their side
The Importance of Due Process—What is a “Notice and Opportunity to be Heard?” Read More »
Most states, including Wisconsin, follow the American Rule when it comes to attorney fees. In simple terms, it provides that each side in a lawsuit is responsible for their own attorney fees (win or lose) unless: A statute or law provides otherwise; or A contract provides otherwise. Because the law recognizes your Association documents as
Summary Not following ALL of the required procedures when preparing amendments to your association governing documents can be VERY expensive. Take the time, money and effort to do it right. The Facts In 2015 the board for Forest Lakes Master Association distributed notice that it would be holding a vote to amend its voting procedure
A Board’s blatant mishandling of an emotional support animal request led to the owner not only having a Fair Housing claim against the Association for wrongful failure to provide a reasonable accommodation, but also a claim for third-party harassment when the Association failed to step in and stop other unit owners from blasting the owner
A big thank you to all that attended our recent Spring 2018 Association Academy and made the event a success. For those of you who were unable to attend, don’t worry, you can still catch us on YouTube! We’ve made our Association Academy available for viewing. Click on the links below to learn more. Part
Association Academy Spring 2018 – Catch it on YouTube! Read More »
A unit owner claimed that she needed an emotional support animal because of a disability, and provided a doctor’s note to the condominium association supporting this need. The unit owner selected a dog as the emotional support animal, and as a reasonable accommodation the association agreed to allow the dog into a no-pet building. The
Emotional Support Animal – Even the FHA Has Limits Read More »
