Association Alert – Community Association Law Blog

“Related Wrongful Acts” Can Exhaust an Association’s Liability Insurance Policy Limit

IMPRESSION: The ruling in Great Am. Ins. Co. v. State Parkway Condo. Ass’n, No. 17-cv-3083 (N.D. Ill. Sept. 11, 2018), should serve as a cautionary ...
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Delinquent Owner Pays Assessments, But Refuses to Pay Interest, Late Fees or Attorney Fees. NOW WHAT?

A Court in Louisiana recently took up the issue of what to award in interest, late fees, attorneys’ fees and costs when a Unit Owner ...
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Lien Priority Statutes and Why They Make Sense

Facts A unit owner stopped paying assessments.  The condominium association properly recorded and perfected a lien against the unit for those assessments.  Under the applicable ...
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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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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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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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