Association Alert – Community Association Law Blog
The Balance in Display of Patriotism and Political Support Under Wisconsin Condominium Law
1 April 2024
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
1 April 2024
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
1 April 2024
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
1 April 2024
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
1 April 2024
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
1 April 2024
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
1 April 2024
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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