Association Alert – Community Association Law Blog

Combating First Mortgages

First mortgage holders continue to be the largest impediment to Association collections, once unit owners fail to pay. This arises because the bank’s lien is ...
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A Board of Directors’ Right to Fine for Violations

An owner violates the rules. The Board assesses fines to the unit owner.  Will the fines hold up in a court of law? In this ...
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Notice to Wisconsin Community Association & Property Managers

As a result of the new legislation that passed, in three different bills, for each of your condominium associations you need to deal with the ...
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Smoking Ban Was An Unreasonable Request

Davis v. Echo Valley Condominium Association, No. 17-12475 (E.D. Mich. Nov. 7, 2018) Summary The Eastern District of Michigan court held that a smoking ban ...
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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 ...
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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 ...
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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 ...
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