Association Alert – Community Association Law Blog

Can you Agree to Waive your First Amendment Rights?

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 ...
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Hard-Surface Flooring in Upper Units—A Lesson in Selective Enforcement and Officer’s Authority

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 ...
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HOA and Condominium Record Retention – What you NEED to Know!!

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 ...
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What is the Role of the Property Manager and/or Board in the Assessment Collection Process?

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 ...
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Owners are Liable for Assessments, Even When Corporate Formalities Not Perfectly Followed

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 ...
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Investigate for Hidden Defects at Turnover or Pay the Price

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 ...
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Aggressive Collections – A Method that Works

At the start of 2012, a condominium association in Waukesha, Wisconsin faced serious collection issues as a result of mismanaged files and accounts by its ...
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