Association Alert – Community Association Law Blog

Wisconsin Condominium and Homeowner Association Owners Need to Follow their Rules Even When they Are Not Recorded.

Facts When you are headed down the wrong path – TURN BACK.  This applies to owners and associations when they act on their belief of ...
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Can a Group Home be Built in a Single Family Association under the FHA – YES

Facts Plaintiff, Harmony Haus and a resident, sued Defendant, Parkstone Property Owners Association (“Association”) under the Fair Housing Act (“FHA”) seeking an injunction and attorney ...
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Road Maintenance – Who Pays? (Duties under Association Documents and Case Law)

Facts A dispute arose between four condominium associations within a master association as to obligations to pay for the maintenance, repair and upkeep of a ...
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Post-Turnover Declarant Rights? Think Again…This One has a Happy Ending for the HOA

Declarant/Developers of Community Associations love to reserve themselves rights within the Declaration that extend far beyond their Declarant control powers.  This is nothing new.  But ...
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Registering Your Association’s Name and Logo – YES – You Absolutely Should Do It

The Problem You are on the Board of your association (ABC Association). Unfortunately, as often happens, someone has decided to complain about EVERYTHING. First they ...
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Court Upholds Association Decision to Return Checks Containing Restrictive Language

Issue When association documents require funds from owners to be applied in a certain order, can a unit owner alter how the funds are applied ...
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Can the Association’s Documents be Contradictory and Still Enforceable?

A recent New York Court dealt with an issue on leasing (Olszewski v. Cannon Point Association, Inc., 148 A.D.3d 1306 (2017)).  The Board adopted rules ...
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