Association Alert – Community Association Law Blog

The Balance in Display of Patriotism and Political Support Under Wisconsin Condominium Law

With the Spring 2020 Presidential Primary and election for various state court judges looming on the horizon, many of Wisconsin’s condominium associations are proactively deciding ...
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AS-IS Clause Does Not Foreclose a Fraud Claim

An AS IS exculpatory clause in a contract does not automatically relieve a party of any liability, especially where that party committed fraud to obtain ...
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Debt Collectors Adherence to Generic Forms Were Inaccurate and Misleading

Summary A company that handled fee collections for an Association engaged in unlawful practices when it falsely indicated that a lien had been filed against ...
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Developers/Declarants Breached Contract by Failing to Pave Roads

Facts Plaintiffs are property owners in what were originally three separate planned communities known as Mystic Lands.  Defendants are the developer/declarant and its sole shareholder, ...
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Conflicts of Interest and The Boards Power to Interpret the Governing Documents

What you need to know: Where the governing documents or the statute place the authority to interpret the governing documents with the board, the board’s ...
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GOOD BYE: Association Who Fails to Enforce Covenants Loses Right to ENFORCE

Facts In 2016, Plaintiff sent Defendants a letter telling them that the dog-breeding building (“kennel”) they built violated the restrictive covenants of the Texas association.  ...
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Stuck with the Tab: Initiating Suit Over “Common Elements” Without Association Approval can Lead to Unit Owners Covering Unexpected Attorney Fees

IMPRESSION: Unit owners who initiate litigation over common elements do not necessarily recoup attorney fees from the association—even when their lawsuit is successful, and benefits ...
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