K&C Wisconsin Team

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COVID-19 FAQ

Community Associations Institute and fellows of the College of Community Association Lawyers (CCAL) present special virtual, LIVE Q&A presentations about the issues facing community associations due to the Coronavirus pandemic. The link is below.  If you have a question that is not answered on the web page, please let us know and we will be

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Fining for Tenant Violations? You Might be Doing it Wrong.

You might think that when a tenant breaks a rule, that you can simply fine him like you would fine an owner-occupant. Or, you might think that you can just notify and fine the owner/landlord for his tenant’s violation, since he’ll ultimately be responsible for the fine anyway, right? These assumptions are intuitive; however, anyone

Fining for Tenant Violations? You Might be Doing it Wrong. Read More »

Director & Officer Theft of Funds–Your Community Association Needs Fidelity Insurance

FACTS David Jensen, a longtime municipal judge, respected civil servant, and owner of an insurance company embezzled more than $40,000 from his homeowner’s association (HOA) in the last three years.  This is the second case of this nature in Wisconsin that I have seen in the last four years.  How did the HOA discover the

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Did Your Developer Go Bankrupt and Leave your Association Holding the Bag? Your Remedy May Lie Within the Developer Agreement

Even the best and most established real estate developers can face hard times, especially in the aftermath of recession and economic downturn, as we experienced a few short years ago. Many condominium and subdivision developments found themselves half completed, both in terms of units and homes built, and common area improvements (like streets and curbs)

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Language in Declaration Makes Association Strictly Liable

Facts Defendant, Castletown Corner Owner’s Association, Inc. (“Association”), had a duty to maintain a lift station.  Specifically, the declaration imposed an obligation on the Association to pay “all Maintenance Costs in connection with” improvements constructed at the Association.  Maintenance costs are then defined as “all of the costs necessary to maintain the … sewers, utility

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Documenting a Service Animal—Is the Association Allowed to Ask? The Wrong Answer will Cost You.

Even though most private residential Associations are not subject to the Americans with Disabilities Act (the “ADA”), the Fair Housing Act (the “FHA”) still applies and protects owners who have service animals. In some cases, the Association has the right to ask the owner for documentation supporting the need for a service animal, but not

Documenting a Service Animal—Is the Association Allowed to Ask? The Wrong Answer will Cost You. Read More »