First, I want to thank Julie Howard and her firm NowackHoward in Atlanta, Georgia for much of this Blog (adjusted for Wisconsin Law and my commentary). She is the former president of the College of Community Association Lawyers (“CCAL”), an excellent association attorney, and has been kind enough to allow us to use much of […]
Assessment Collections and COVID-19 Read More »
A condominium association in the Milwaukee area was owed more than $2,000 in fines by one unit owner. For more than a year, the unit owner had been fined numerous times due to the same violations of the bylaws which the unit owner refused to correct. While the unit owner paid assessments monthly, the unit
Unit Owner Bad Behavior – When Fines are Ignored Read More »
An association in southeast Wisconsin consists of plots of land upon which the various unit owners can park a mobile home or trailer. Under the association documents, unit owners cannot be in the trailer more than 60 days between October and April or a $10,000 monthly fine will be assessed. A unit owner owed more
Collecting Large Fines Read More »
What happens when a fire caused within a condominium unit destroys that unit, some common area, and damages other units? It becomes an expensive situation for the association. Even though insurance should pay for all of the damages, the association’s insurance premiums going forward could increase dramatically. This is exactly what happened to a small condominium
Unit Fire Increases Association Insurance Premiums Read More »
When a Board or Property Manager sends a Unit Owner to its attorneys for collection, the Board or Property Manager should refer ALL communications from the Unit Owner relative to the debt, including the request for any pay off, to the attorney. Discussion by the Property Manager or Board with the Unit Owner almost always
Collections – Reconciliation of Unit Owner Ledgers and Conversations with Unit Owners Read More »
The Board of Directors of a condominium association has a fiduciary duty to make sure that all owners pay their dues and assessments. It is important that associations develop a collection policy and follow it consistently, as a collection policy of doing nothing could be a breach of a board’s fiduciary duty. Having knowledgeable and experienced legal
Condominium Collections: Why Foreclosure is the Best Option Read More »
A condominium association in Milwaukee has historically faced heavy delinquency issues. Through The Condominium & HOA Law Team’s assertive collection methods, the firm collected more than $290,000 in assessments, interest and legal fees for the association since 2013. A substantial portion of the $290,000 resulted from the sale and/or rental of 10 units that became
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 »
When a foreclosure is first initiated by a bank or some other third-party, the association has three choices: Do nothing and hope that the foreclosure is actually completed and that the entity foreclosing actually has a lien superior to the Association; Monitor the foreclosure internally; or Send the file to an attorney to protect the
What to do With Bank and Other Third-Party Foreclosures Read More »
Please join the Condominium & HOA Law Team on February 5, 2021, as we outline the NEW 2020 Robert’s Rules, how parliamentary procedure should be used to run meetings more efficiently, some case examples of fine issues that arise and how to solve them, some basic collection reminders relating to death, trusts and mortgages and
Association Academy: Your Rules, Robert’s NEW Rules and Court Rules Relating to Fines Read More »
