Association Alert – Community Association Law Blog

Quiet Title Actions

A Milwaukee association took possession of a unit through foreclosure, but could not rent out the unit because of its condition and could not sell ...
Read More →

Homeowner’s Associations Suing on Behalf of Homeowners Must Abide by Arbitration Provisions

Facts The defendant, Lennar Homes developed Martinique at Oasis, a residential community located in Homestead, Florida comprised of 241 homes.  Lennar Homes sold each of ...
Read More →

Chapter 13 Bankruptcy – Can the Association’s Lien for Unpaid Assessments be Stripped Off? YES

In New Jersey, the United Stated Bankruptcy Court held in In re. Smiley, 569 B.R. 377 (2017) that a Unit Owner/Debtor can modify the Association’s ...
Read More →

Driveway Easement and Boat Slips – Expensive Fighting

Two of the three lot owners in a subdivision had a dispute over a driveway easement and boat slips.  Lot 2 was contracted to be ...
Read More →

Corporate Transparency Act – Does Your Association Want to Give the U.S. Government $10,000

What is the Corporate Transparency Act? The Corporate Transparency Act (the “CTA”) was enacted by Congress on January 1, 2021 (31 USC 5301, et seq.). The ...
Read More →

6 Things Community Property Managers Should Never Say

My points below exaggerate problems that I commonly see, but the advice is sound: “Are your three brain cells still talking to each other?” Knowing ...
Read More →

Architectural Control Through Rulemaking Authority is Proper IF YOUR DOCUMENTS ARE PROPERLY WRITTEN

Issue Does a homebuilder need Association approval of its plans?  NO, unless the condominium documents require it. Facts The plaintiff was the builder, Canyon Custom ...
Read More →