1-888-800-1042
Main Menu
Kaman Cusimano Logo
Main Menu
Facebook X-twitter Linkedin
Kaman Cusimano Logo

Condo | HOA Lawyers

Main Menu

Construction

Association Academy: If it Weren’t for the People, Association Living Would be Perfect

Wisconsin /

Some frequently encountered legal challenges and issues that can prove time-consuming and costly when mishandled. Topics Condominium legal document review Collections from a debtor’s perspective Handling disruptive unit owners and residents Arbitration Hoarders and foreclosures Rentals and smoking Construction issues]

Association Academy: If it Weren’t for the People, Association Living Would be Perfect Read More »

Sued! What Should Our Wisconsin Condominium or Homeowners Association Do NOW?

Wisconsin /

Condominium associations and homeowner associations are sued every day. These suits can arise based on construction claims, contract claims, negligence claims and various alleged statutory violations – We all know about the Fair House Act!  Or the Wisconsin (or whatever state you are in) Consumer Act!  Associations seem to attract people who feel that they

Sued! What Should Our Wisconsin Condominium or Homeowners Association Do NOW? Read More »

Investigate for Hidden Defects at Turnover or Pay the Price

Wisconsin /

Summary A single warranty date applies to each condominium building in a development.  Meaning that each unit does not have its own warranty date, and units in different buildings will likely have different warranty dates, unless they happen to be completed on the same date.  The Facts Village Lofts Condominium Association consisted of two buildings:

Investigate for Hidden Defects at Turnover or Pay the Price Read More »

After Turnover Do a Developer’s Actions (or Inaction) Affect an Association’s Construction Defect Claims? YES

Wisconsin /

Yes, developers can be lazy, greedy good for nothing con-artists. Developers can also adversely affect the rights of an association by simply doing nothing.  Specifically, a developer (owner of the property and declarant of the association) with knowledge of construction defects can prevent the association and/or unit owners, after turnover, from potentially suing the contractor

After Turnover Do a Developer’s Actions (or Inaction) Affect an Association’s Construction Defect Claims? YES Read More »

Thinking of Signing a Release? Do Your Homework

Wisconsin /

In a recent case out of New York (Board of Mgrs. Of 325 Fifth Ave. Condominium v. Continental Residential Holdings LLC, 139 A.D.3rd 472 (2017)) a condominium board signed a broadly worded document, releasing the developer and multiple other developer-related entities and their “heirs, executors, administrators, successor and assigns” from claims associated with the construction

Thinking of Signing a Release? Do Your Homework Read More »

Condominium Association Liable for Construction Defect it Had a Duty to Maintain

Wisconsin /

Facts The plaintiff, James Schnurr, and his wife were riding their bicycles in the Jonathan’s Landing community when Mr. Schnurr struck a bollard that was installed just before the promenade they were riding along crossed a roadway.  Mr. Schnurr fell off his bicycle and fractured his neck.  He became a quadriplegic as a result of

Condominium Association Liable for Construction Defect it Had a Duty to Maintain Read More »

HB Aids Association in Successful Defense of Mold & Water Intrusion Suit

Wisconsin /

The Condominium & HOA Law and Construction & Design teams defended a condominium association in a mold and water intrusion jury trial in Milwaukee County.  The plaintiffs consisted of a family of four who alleged that they had to move out of their condominium unit because of significant health injuries caused by the water and

HB Aids Association in Successful Defense of Mold & Water Intrusion Suit Read More »

Architectural Control Committee – Why It’s Needed!!!

Wisconsin /

Problem What do you do if you want a detached garage but your documents don’t allow it? Facts Plaintiffs sought to enjoin the construction of a detached garage in their association on the grounds that it was specifically prohibited by the declaration. However, the declaration provided a procedure for review of any proposed structure that

Architectural Control Committee – Why It’s Needed!!! Read More »

Association Construction Contracts – What are Risks of that Waiver of Subrogation Term

Wisconsin /

Summary The US Court of Appeals for the 4th Circuit held that a subrogation waiver provision in a construction contract barred an association’s insurance company from seeking to recover from an allegedly negligent contractor. Facts United National Insurance Company v. Peninsula Roofing Company, Inc.:  Pelican Beach Condominium (“Association”) needed a new roof. The Board, after

Association Construction Contracts – What are Risks of that Waiver of Subrogation Term Read More »

Developers/Declarants are Liable for Implied Warranties to Association for Construction Defects

Wisconsin /

Facts Plaintiff, Brooktree Village Homeowners Association, Inc. (“Association”), filed suit “on behalf of itself and on behalf of its members” in May 2017 against the second developer, Brooktree Village, LLC (“Developer”).  Developer had acquired the remaining undeveloped portions of the development, other than the common areas.  “A construction company affiliated with Developer, Rivers Development, Inc.

Developers/Declarants are Liable for Implied Warranties to Association for Construction Defects Read More »

Browse Our site

Three bars Icon blue

Keep in Touch

Three bars Icon blue

Latest Posts

Three bars Icon blue
Facebook X-twitter Linkedin
©2024 KAMAN & CUSIMANO, LLC