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 […]
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 »
Becker Boards Summit, LLC v. Summit at Copper Square Condominium Association – 2018 WL 6695279 ( 2018 Ariz.) Issues: The court in this case addressed two important issues: Can a Developer, before turnover, amend a Declaration to convert Common Element to Limited Common Element for the benefit of a Developer Unit? Can Developer contracts entered
Declarant Contracts, Including Easements, can be Voided 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 »
IMPRESSION: Unit owners who initiate litigation over common elements do not necessarily recoup attorney fees from the association—even when their lawsuit is successful, and benefits the association as a whole. DETAILS: A shared sewer system in Adams County, Wisconsin, was the focus of a recent dispute between the Sunset Condominiums at Northern Bay Owners Association
Facts A dispute arose between four condominium associations within a master association as to obligations to pay for the maintenance, repair and upkeep of a roadway easement. The road connected the four condos and other properties. The master deeds for each association were recorded in the 1970s. In 2013, Plaintiff, Bayberry Group, Inc. (“Bayberry”) sought
Road Maintenance – Who Pays? (Duties under Association Documents and Case Law) Read More »
Water leaked through a bedroom ceiling in a downstairs condominium unit causing a small amount of damage and a significant amount of inconvenience for the owner. Approximately one year earlier, a similar event took place as a result of a frozen condensate line in the upstairs unit owner’s air conditioner, which caused water to back
Summary The language and definitions in your governing documents reflect the intentions of the Association. You need to either follow them or amend them, but NOT ignore them. Facts Sunnyside Resort Condominiums is a private resort property located on Lake Gogebic in Gogebic County, Michigan, and governed by the Sunnyside Resort Condominium Association, Inc. (SRCA).
Vacant Land Units Can Have a 0% Percentage Interest Read More »
You may have read in the most recent CAI Law Reporter that an Association in Maryland was not authorized to suspend use privileges, absent such authority existing in the condominium declaration. Elvaton Towne Condominium Regime II, Inc. v. Rose, No. 33, Sept. Term 2016 (Md. Jun. 23, 2017). The basic facts of the case are
Assess the Situation: What is Considered a “Common Element?” Read More »
