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Condo | HOA Lawyers

Common Areas

Must Wisconsin Condominium Residents Wear a Face Covering (Mask) in Indoor Common Element

As many of you know, on July 30, 2020, Governor Evers of Wisconsin issued Executive Order #82 declaring a public health emergency to combat COVID-19, and Emergency Order #1 requiring individuals, with certain exceptions, to wear face coverings if: “The individual is indoors or in an enclosed space, other than at a private residence; and […]

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Can you Agree to Waive your First Amendment Rights?

Facts Marshall Spiegel, the Unit Owner, had been in constant litigation with his Association for over 20 years regarding various matters surrounding the operation and maintenance of the common areas.  One of these lawsuits sought to establish set dates in which the community pool was to remain open, among other things. Spiegel and Association agreed

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Commercial Units in Mixed-Use Condominium Not Responsible for Residential Unit Costs

Harrison v. Casa de Emdeko, Incorporated, No. SCWC-15-0000744 (Haw. Apr. 26, 2018) Holding The Supreme Court of Hawaii held that, under the Hawaii Condominium Property Act, expenses for building components that served only particular units (residential units in this case) in a mixed-use project had to be allocated as limited common expenses to the units

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Rules that Target Children Really Target Your Association (for Discrimination Lawsuits)

Does your Association have rules that target children?  Does your Association have rules that apply differently to children and adult residents within the community?  The following case is a cautionary tale for Condominium Associations and HOAs—repeal those rules now, or potentially face a losing battle pursuant to federal law. Facts In a federal district court

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