It is well known that Association Board members (directors) have fiduciary duties to their unit owners and associations. It is almost as commonly known that the officers have the same fiduciary duties. Yet associations, directors and officers are often sued for failing to meet their duties. Unfortunately, directors and officers often contribute to their risk […]
12 Things My Board and I Do When We Want to Be Sued Read More »
A recent case in Florida (MacKenzie v. Centext Homes, 208 So.3d.790 (2016)) was not bashful about holding a developer to the same rules as other property owners in a Homeowners’ Association (“HOA”). The HOA in this case was still largely under developer’s control during the period in question. The developer controlled Board included a reserve
Developer Held to Same Rules as Other Owners Read More »
Facts Plaintiff, Coley, owns a home in an HOA, the Eskaton Village (“Association”). Two other Eskaton named entities (“Eskaton”) develop and support HOAs. A five-member board runs the Association, subject to the Declaration. Eskaton has always controlled three of the five directors on the Association Board because it owns 137 of the 267 units. The
Self-Dealing by Director is a Breach of Fiduciary Duty (Case 1) Read More »
Noise coming from adjacent units is a common problem. It can be caused by many things, including music, instruments, appliances, running, jumping, or a myriad of other causes. Our advice has almost always been that if you have a rule, you need to enforce it uniformly against all. However, with noise, it is often difficult
Is Your Upstairs Neighbor Noisy? – Floor Covering Restrictions Read More »
A defense owners can raise if the Board claims the owner has violated the rules is “selective enforcement,” meaning the Board arbitrarily picks on some violators and not others. In addition, owners oftentimes like to rely on approval given by one board member, taking that as “Board approval” of the owner’s actions. The case below
Does your homeowners association have a written collection policy? What duties does the property manager and/or Board have under the policy? Learn what role the property manager and/or the Board of Directors should have in the assessment collection process. Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys?
Facts Defendant, Castletown Corner Owner’s Association, Inc. (“Association”), had a duty to maintain a lift station. Specifically, the declaration imposed an obligation on the Association to pay “all Maintenance Costs in connection with” improvements constructed at the Association. Maintenance costs are then defined as “all of the costs necessary to maintain the … sewers, utility
Language in Declaration Makes Association Strictly Liable Read More »
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 »
A Court in Colorado recently dealt with a developer who placed a provision in the declaration of a condominium association prohibiting amendment of the declaration – ever – without the declarant’s written consent, and requiring that all construction defect claims be resolved through arbitration (Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc.
Developers Sometimes Draft Documents for Their Own Benefit Read More »
When faced with a request by a homeowner or condominium owner to install solar panels at your association, your Board needs to determine a number of things: Whether there are restrictive covenants or rules that prevent the installation; What “solar access rights” if any exist under their state’s laws; What if any restrictions the Association
Solar Panels – What Your Association Should Do When Someone Requests to Install Them Read More »
