Most states, including Wisconsin, follow the American Rule when it comes to attorney fees. In simple terms, it provides that each side in a lawsuit is responsible for their own attorney fees (win or lose) unless: A statute or law provides otherwise; or A contract provides otherwise. Because the law recognizes your Association documents as […]
Even the best and most established real estate developers can face hard times, especially in the aftermath of recession and economic downturn, as we experienced a few short years ago. Many condominium and subdivision developments found themselves half completed, both in terms of units and homes built, and common area improvements (like streets and curbs)
The Fair Debt Collection Practice Act (FDCPA) was enacted to protect consumers from unscrupulous debt collectors; as a shield against prohibited acts. However, it is now often used as a sword, by attorneys who are part of a “cottage industry” that simply look for even the smallest of violations and then claim thousands of dollars
Foreclosing on a Unit When Owner Discharged in Bankruptcy Read More »
Does your condominium or homeowners association (HOA) have owners who don’t pay their assessments? Owners are finding more excuses to avoid paying their assessments. Filing multiple bankruptcies, submitting payments with conditional language, NSF payments, claiming they don’t owe since they don’t use the common elements. . . The list goes on and on. So how
Dealing with Sophisticated Debtors Read More »
The COVID-19 Pandemic has created a global economic crisis impacting individual unit and home owners, and the associations they comprise. An unfortunate result will be an increase in bankruptcy filings. Learn how to prepare and protect your Association now. Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys?
COVID-19 & Bankruptcy Read More »
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 lien and strip off all but the six month super lien allowed under the state’s condominium act. The facts at the time were that the Association was owed $9,000 for
