Category: Wisconsin

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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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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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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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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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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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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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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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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Directors Removed from Office – Just Follow the Documents

Summary A 79-unit condominium association held a meeting to remove the directors from office and elect new ones. The president objected to the meeting, the ...
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Emotional Support Animals – If It’s Aggressive, It’s Not Reasonable

Facts In 2015, Unit Owner’s dog, Maggie, was an 11-year old golden retriever.  Maggie bit another dog living at the Association and had previously “displayed ...
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