Association Alert – Community Association Law Blog

That Rule we Just Passed is Enforceable…Right? Think again…

Most condominium associations’ Declarations and Bylaws give the Board of Directors the power to create and amend Rules and Regulations. But Boards must take caution, ...
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Can Your Association End a Unit Owner’s Suit by Post-Suit Filing Actions?

In Welsh v. McNeil, 162 A.3d 135 (2017) a board member and unit owner (“Board Member”) sued another unit owner (“Landlord Unit Owner”) for violation ...
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Parking Spaces – Should Your Association be Charging and Collecting Sales Tax?

Yes! Thankfully, if the association has not been doing so, there is a way to reduce your back-tax liability, interest and penalties. Do you have ...
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Condo and HOA Virtual/ZOOM Meetings in Wisconsin – How Legal Are They?

Most condominiums and homeowner associations (HOAs) are nonstock corporations under Wisconsin Chapter 181.  As such their members can make decisions one of three ways: Holding ...
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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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Recreational Immunity in Wisconsin – What You Need to Know

Wis. Stat. 895.52 and the related cases The starting point for recreational immunity is to understand that the purpose of the law is to induce ...
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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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