This issue arises more than one might suspect. Because of association apathy, many committees go unfilled and often even boards don’t have members. The results of this apathy could be much different than you would expect. Facts. In a 2017 case, the relevant property “was subject to a 1996 restrictive covenant that required the approval […]
What Happens When All Committee Members Resign, Refuse to Act or Move? Read More »
What types of committees does your HOA or condo association need? How should you go about establishing committees? Listen to this Vlog and in less than a minute you will have the answer. Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys? Read all about condo and HOA
Condo Association & HOA Committees in Less Than 1 Minute Read More »
Many condominium and homeowners associations (HOAs) have an architectural control committee (ACC). Oftentimes, the Board of Directors assumes the role of the ACC rather than having a separate committee. Where the governing documents give the Board/ACC discretion over proposed architectural/exterior changes within the association, what are the limits to that discretionary power? Facts In a
Frequently we are asked about either inconsistent association documents or advised that although our documents say X we have always done Y so won’t our past precedent control? The answer is NO. Your documents control. You must follow what your documents say, unless there is something in them that is illegal or against public policy.
YES – Wisconsin Condos and HOAs Have to Follow Their Association Documents Read More »
The Garrett’s purchased their property in the HOA in 2001. The CCR’s required an owner to obtain the approval of the architectural control committee (“ACC”) before doing any construction on the property. The Garrett’s submitted plans to build a pool in their backyard, but the original plans were rejected by the ACC because the plans
Problem What do you do if you want a detached garage but your documents don’t allow it? Facts Plaintiffs sought to enjoin the construction of a detached garage in their association on the grounds that it was specifically prohibited by the declaration. However, the declaration provided a procedure for review of any proposed structure that
Architectural Control Committee – Why It’s Needed!!! Read More »
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 Home Builders (“Builder”). The defendant was Somerset Condominium Association, Inc. (“Association”). The Builder wanted to construct on eight vacant lots/units. The entire Association consisted of 37 units. Although some units
