Category: Wisconsin
GOOD BYE: Association Who Fails to Enforce Covenants Loses Right to ENFORCE
Facts In 2016, Plaintiff sent Defendants a letter telling them that the dog-breeding building (“kennel”) they built violated the restrictive covenants of the Texas association. ...
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Are Grievance Committees Impartial Enough?
Master v. Country Club of Landfall, — S.E.2d — (2018) Issue Does due process require a hearing before an impartial tribunal (Board)? NO!!! The Facts ...
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Stuck with the Tab: Initiating Suit Over “Common Elements” Without Association Approval can Lead to Unit Owners Covering Unexpected Attorney Fees
IMPRESSION: Unit owners who initiate litigation over common elements do not necessarily recoup attorney fees from the association—even when their lawsuit is successful, and benefits ...
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If Your Association Fails to Hold Board Elections at an Annual Meeting, Do You Still Have a Board? The Answer May Surprise You…
As Condominium and HOA attorneys, we often receive questions from our clients dealing with all the issues that can get in the way of conducting ...
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Condominium Association Liable for Construction Defect it Had a Duty to Maintain
Facts The plaintiff, James Schnurr, and his wife were riding their bicycles in the Jonathan’s Landing community when Mr. Schnurr struck a bollard that was ...
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Why You Must Hire an Engineer at Turnover
Problem & Facts The association’s detention pond overflowed causing damages to property downhill from the pond. The developer built the detention pond in 2007. The ...
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Can Homeowners Sue an Association for Increasing Assessments Where the Association Did Not Receive the Requisite Votes Required?
Facts Diane Steele owned a home in the Diamond Farm development, which was managed by the Association. While in accordance with the Association’s declaration of ...
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Litigation With City Results in Municipal Ordinance Favoring Association
A Wisconsin condominium association was built as many condominium projects are — with privately owned roads. The difference with this development is that it was ...
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The Good, Bad & Boring – 2018 Amendments to Wisconsin’s Condominium Law
In 2018 three separate acts amended Chapter 703 of the Wisconsin Statutes. Chapter 703 is Wisconsin’s Condominium Ownership Act. The amendments mostly took effect on ...
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What to do When Heavy Delinquency Impacts Cash Flow
Our long-time client, a condominium association in Milwaukee that historically faced heavy delinquency issues, was unable to fund its expenses due to very heavy delinquency ...
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