Contract Archives - Kaman & Cusimano

Notice to Wisconsin Community Association & Property Managers – IMPORTANT UPDATE

Important Notice: Our May 10, 2018 post, Notice to Wisconsin Community Association & Property Managers, advised unit owners, boards and property managers of the three new laws that passed on April 18, 2018. In that post, we described how one of those laws provided that any association looking to charge a fee in excess of […]

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

Wisconsin / K&C Wisconsin Team

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

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Language in Declaration Makes Association Strictly Liable

Wisconsin / K&C Wisconsin Team

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

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2017 Wisconsin Act 303 – New Law on Fees and What You NEED to Do

Wisconsin / K&C Wisconsin Team

The principal purpose of 2017 Wisconsin Act 303 was to set limits on the amount of fees that an association can charge its unit owners. Those fees are the following: The actual cost of, but not more than $50, for providing the Sec. 703.33(1)(1m) & (2) Wis. Stat. disclosures from a Seller to a Buyer

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AS-IS Clause Does Not Foreclose a Fraud Claim

Wisconsin / K&C Wisconsin Team

An AS IS exculpatory clause in a contract does not automatically relieve a party of any liability, especially where that party committed fraud to obtain the exculpatory clause. The Facts In both of the cases referenced below, the defendant included an as-is clause in a real estate contract. In Frianco the bank defendant (after discovering

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Association Contracts in Less Than 1 Minute

Wisconsin / K&C Wisconsin Team

Does your condominium association or HOA sign contracts for vendor services? Who does the contract protect – the vendor or the association? What you need to know about condo association and HOA vendor contracts in less than a minute. Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys?

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

Wisconsin / K&C Wisconsin Team

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

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Notice to Wisconsin Community Association & Property Managers

Wisconsin / K&C Wisconsin Team

As a result of the new legislation that passed, in three different bills, for each of your condominium associations you need to deal with the following: Disclosure Requirement Fees. If your association currently charges or intends to charge a fee for complying with some or all of the disclosure requirements under Sec. 703.33 Wis. Stat.,

Notice to Wisconsin Community Association & Property Managers Read More »

Condo | HOA Lawyers

Contract

Notice to Wisconsin Community Association & Property Managers – IMPORTANT UPDATE

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

Language in Declaration Makes Association Strictly Liable

2017 Wisconsin Act 303 – New Law on Fees and What You NEED to Do

AS-IS Clause Does Not Foreclose a Fraud Claim

Association Contracts in Less Than 1 Minute

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

Notice to Wisconsin Community Association & Property Managers

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