Association Alert – Community Association Law Blog

Implied Easements – Can You Prohibit a Neighboring Property Owner from Changing the Use of its Property?

Facts This case involved a dispute between the owner/operator of a golf course and the owners of adjacent property in a residential community.  Originally all ...
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Can a Court Set Aside a HOA-Lien Foreclosure Sale Because the Sales Price Was Too Low?

When a mortgage company faces having its mortgage interest swept away in a quiet title action following an HOA lien foreclosure, the mortgage company comes ...
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Everything is “Fine,” So Long as You Strictly Follow Your Documents

It has long been recognized that liens are statutorily created rights and consequently are strictly construed. What this means in English is that you can’t simply ...
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You Can’t Simply Look the Other Way—New HUD/FHA Rules that Affect Your Associations

There are some new HUD (Housing and Urban Development) Rules that went into effect October 2016 which may have a significant impact on Condominium and ...
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2018 Condo & HOA Issues

Under the law in most states, and certainly in Wisconsin, the Board of your condominium association controls any changes to the exterior appearance.  This is ...
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Can a Court-Appointed Receiver Collect Assessments Coming Due While a Unit is in Lien Foreclosure?

Condominium associations generally have a number of legal remedies to pursue when an owner stops paying assessments. An Ohio court recently found that associations may ...
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Building in HOA Common Area – MUCH More Costly Than Owner Thought (Because of Association Attorney Fees)

The Garrett’s purchased their property in the HOA in 2001.  The CCR’s required an owner to obtain the approval of the architectural control committee (“ACC”) ...
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