A condominium association in the Milwaukee area was owed more than $2,000 in fines by one unit owner. For more than a year, the unit owner had been fined numerous times due to the same violations of the bylaws which the unit owner refused to correct. While the unit owner paid assessments monthly, the unit […]
Unit Owner Bad Behavior – When Fines are Ignored Read More »
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
In a recent case out of New York (Board of Mgrs. Of 325 Fifth Ave. Condominium v. Continental Residential Holdings LLC, 139 A.D.3rd 472 (2017)) a condominium board signed a broadly worded document, releasing the developer and multiple other developer-related entities and their “heirs, executors, administrators, successor and assigns” from claims associated with the construction
Thinking of Signing a Release? Do Your Homework Read More »
This issue arises more than one might suspect. Because of association apathy, many committees go unfilled and often even boards don’t have members. The results of this apathy could be much different than you would expect. Facts. In a 2017 case, the relevant property “was subject to a 1996 restrictive covenant that required the approval
What Happens When All Committee Members Resign, Refuse to Act or Move? Read More »
Facts Defendant, Leisure World Community Association (“Association”), consists of nearly two dozen single-family platted communities. One of those is the Plat 24 community. “Each community is governed by its Declaration of Covenants, Conditions, and Restrictions (CC&Rs). Plat 24’s original CC&Rs required that at least three-quarters of Plat 24 record owners approve any amendments to the
Recording Invalid Documents Gets VERY Expensive Read More »
A Court in Colorado recently dealt with a developer who placed a provision in the declaration of a condominium association prohibiting amendment of the declaration – ever – without the declarant’s written consent, and requiring that all construction defect claims be resolved through arbitration (Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc.
Developers Sometimes Draft Documents for Their Own Benefit Read More »
When faced with a request by a homeowner or condominium owner to install solar panels at your association, your Board needs to determine a number of things: Whether there are restrictive covenants or rules that prevent the installation; What “solar access rights” if any exist under their state’s laws; What if any restrictions the Association
Solar Panels – What Your Association Should Do When Someone Requests to Install Them Read More »
Attorney Lydia Chartre recently shared her expertise on a variety of topics with readers of www.HOAleader.com, a resource for HOA and condo board members nationwide. To read the full articles, click the links below: https://www.hoaleader.com/public/Your-Condo-HOAs-Role-in-Fighting-Climate-Change.cfm https://www.hoaleader.com/public/Should-You-Pursue-This-Potential-New-Revenue-Stream-for-Condos-HOAs-What-are-Risks.cfm https://www.hoaleader.com/public/Can-You-Just-Go-With-Flow-with-Size-Your-Condo-HOA-Board.cfm https://www.hoaleader.com/public/Tracking-Your-Owners-Vax-Status-Allowing-Access-Condo-HOA-Facilities-Based-on-That-Status.cfm https://www.hoaleader.com/public/What-Do-About-HOA-Board-President-Whos-Behind-30K-Dues-But-Refuses-Step-Down.cfm https://www.hoaleader.com/public/5-Steps-Fix-HOA-Presidents-30000-Delinquency-Refusal-Step-Aside.cfm https://www.hoaleader.com/public/Florida-Grand-Jury-Makes-Recommendations-Prevent-Another-Condo-Tragedy.cfm
Lydia Chartre Shares Expertise With Readers of HOAleader.com Read More »
In a 2020 survey by The Foundation of Community Association Research, 80% of respondents encountered unexpected and unplanned-for infrastructure issues in the last three years. Join Reserve Advisors and our Dan Miske as they discuss aging infrastructure, the role of the reserve study, and when to consider an independent structural analysis. They will review the
Webinar: Aging Infrastructure – Knowing What’s at Stake Read More »
What types of committees does your HOA or condo association need? How should you go about establishing committees? Listen to this Vlog and in less than a minute you will have the answer. Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys? Read all about condo and HOA
Condo Association & HOA Committees in Less Than 1 Minute Read More »
