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 »
Thank you to all who attended our FIRST EVER virtual Association Academy! We had record-breaking attendance by property managers and board members. If you missed it, don’t fret, we recorded it for you, and you can access at any time. To view the recording click HERE. We reveal the 10 commandments of what association management “Shalt
Association Academy: The 10 Commandments of Association Management Read More »
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?
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 »
Facts Plaintiff, Ms. Carmichael, is on the board of directors of Commerce Towers Condominium (“Association”). On the board with her is Mr. Frese and Mr. Vickers. Mr. Vickers, Mr. Frese and Mr. Tarantino are the officers of the Association. (collectively “Officers”). All three are also the officers of Tarantino Properties, Inc. (the “Management Company”). Carmichael
Self-Dealing by Director is a Breach of Fiduciary Duty (Case 2) Read More »
I recently read an article on the difference between condominium and homeowner association officers and directors by an attorney out of Ohio, Jennifer B. Cusimano of Kaman & Cusimano, LLC. It was well written, clarified a subject that is often confused, and inspired me to do my best to explain the difference to our readers.
What is the Difference Between Community Association Directors and Officers? Read More »
The Board of Directors always has the power to make and amend Rules and Regulations on its own, without owner approval…right? Wrong. The Board’s rule-making power and authority completely depends upon what authority is given by the Declaration and Bylaws, and as we know, all associations’ Declarations and Bylaws are different! This is true in
Know What is in Your Documents—The Board Might Not Have the Authority You Think it Does… Read More »
Most condominiums and homeowner associations (HOAs) are nonstock corporations under Wisconsin Chapter 181. As such their members can make decisions one of three ways: Holding a meeting; Action by written consent (181.0704 Wis. Stat.). This may be used unless “limited or otherwise provided in the articles of incorporation or bylaws…” For an association to act
Condo and HOA Virtual/ZOOM Meetings in Wisconsin – How Legal Are They? Read More »
Please join the Condominium & HOA Law Team as we reveal the 10 commandments of what association management “Shalt Not” do while governing. Together, we’ll cover the basics of what homeowner associations (HOAs), condo boards and managers need to know. We’ll also dive into the nitty gritty of assessment collections. Presenters Lydia Chartre, Partner, CCAL
Association Academy: The 10 Commandments of Association Management – September 25, 2020 Read More »
