Association Can Adopt Architectural Guidelines
While many states have strong protections for private property, Associations can adopt architectural guidelines.
Association Can Adopt Architectural Guidelines Read More »
Bylaws
Self-Dealing by Director is a Breach of Fiduciary Duty (Case 1)
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 »
Free Money from your Association Insurer
In Wisconsin condominium associations are required to insure all of the property (other than the personal property) of the unit owners. (See, Sections 703.17(1) and 703.02(14) Wis. Stat). Many unit owners worry (needlessly I would contend) that their neighbors have improved their unit more than they have and then argue that they don’t want to
Free Money from your Association Insurer Read More »
Association Academy Spring 2018 – Catch it on YouTube!
A big thank you to all that attended our recent Spring 2018 Association Academy and made the event a success. For those of you who were unable to attend, don’t worry, you can still catch us on YouTube! We’ve made our Association Academy available for viewing. Click on the links below to learn more. Part
Association Academy Spring 2018 – Catch it on YouTube! Read More »
Failing to Maintain and Properly Collect Assessments is a Breach of Fiduciary Duties
Facts Plaintiffs were two owners (Maples and Brown) at Compass Harbor Village Condominium Association in Maine (the “Association”) who had purchased their respective units sometime in 2007. The Declarant was an LLC that held more than 50% of the votes (15 of the 24 units) and therefore controlled the board. For many years the Association
Failing to Maintain and Properly Collect Assessments is a Breach of Fiduciary Duties Read More »
Condominium Legal Document Review Program
Wouldn’t it be great if you knew if your condominium documents complied with the law? Or if you already suspect that there may be some issues, exactly what those issues are? Now you can! In the same way that a Reserve Study helps a property manager or a board of directors manage their association more
Condominium Legal Document Review Program Read More »
Language in Declaration Makes Association Strictly Liable
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 »
Self-Dealing by Director is a Breach of Fiduciary Duty (Case 2)
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 »
Can a New Capital Project be Paid by Annual Assessments – YES
Walsh v. Hawthorn Hills Owners of Rochester, Inc. 2023 WL 4144757, Not Reported in N.W.Rptr (Michigan, 2023) What you need to know:
Can a New Capital Project be Paid by Annual Assessments – YES Read More »
Why You NEED to Amend Your Association Declaration Insurance Provision Before You Have a Loss
Issue: If your association was destroyed by fire or some other hazard, and it did not make sense to rebuild, how would the funds be divided? Problem. Odds are that you don’t know the answer. The fact that you don’t know should scare you. Is every unit in your association worth the same amount? I
