Category: Wisconsin

Association Can Assign Enforcement Authority to a Manager

Facts Seaside is an 80-acre development in Florida.  In the 1980’s the developer recorded declarations for nine separate neighborhood associations.  The language in each of ...
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Tackling Mental Health and Aging Issues in Your Community Association

Mental health issues can impact community associations in a myriad of ways.  Often Associations become the “reluctant care provider” (owners have no family/next of kin, ...
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Assess the Situation: What is Considered a “Common Element?”

You may have read in the most recent CAI Law Reporter that an Association in Maryland was not authorized to suspend use privileges, absent such ...
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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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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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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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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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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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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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