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Declaration

Dan Miske Quoted in Community Association Management Insider

Wisconsin /

Attorney Daniel Miske was recently quoted in a Community Association Management Insider Article, “‘Continuous Operation’ Language Declaration Requires Association to Keep Lift Working”: Lessons for Community Associations Associations would be wise to review their governing documents to determine whether the documents impose similar strict obligations. “If the declaration and bylaws put a duty on an association […]

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Self-Dealing by Director is a Breach of Fiduciary Duty (Case 2)

Wisconsin /

Facts Plaintiff, Ms. Carmichael, is on the board of directors of Commerce Towers Condominium (“Association”).  On the board with her is Mr. Frese and Mr. Vickers.  Mr. Vickers, Mr. Frese and Mr. Tarantino are the officers of the Association. (collectively “Officers”).  All three are also the officers of Tarantino Properties, Inc. (the “Management Company”). Carmichael

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Amendments to Condominium Documents MUST be Reasonable to be Valid

Wisconsin /

Facts In 2016, a Master Association adopted seven amendments to its declaration.  The amendments addressed the Master Association’s authority to approve proposed uses of certain buildings, increased assessments on them, and imposed additional restrictions on those buildings’ tenants.  In response, the building’s prior owner (“Building Owner”) filed suit against the Master Association and eight individual

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YES – Wisconsin Condos and HOAs Have to Follow Their Association Documents

Wisconsin /

Frequently we are asked about either inconsistent association documents or advised that although our documents say X we have always done Y so won’t our past precedent control? The answer is NO.  Your documents control.  You must follow what your documents say, unless there is something in them that is illegal or against public policy.

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Why You NEED to Amend Your Association Declaration Insurance Provision Before You Have a Loss

Wisconsin /

Issue:  If your association was destroyed by fire or some other hazard, and it did not make sense to rebuild, how would the funds be divided? Problem.  Odds are that you don’t know the answer.  The fact that you don’t know should scare you.  Is every unit in your association worth the same amount?   I

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Developer Liable for Assessments on Unconstructed Units

Wisconsin /

Facts Developer recorded a Declaration in 2001 for the 260 Jamie Lane Condominium Association (“Association”) consisting of nine units in what seemed to be one building, with an allocation of the percentage interests based on the square feet of each unit.  Like most Declarations, it provided that “[e]ach Unit Owner shall pay his proportionate share

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Know What is in Your Documents—The Board Might Not Have the Authority You Think it Does…

Wisconsin /

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

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HOAs Unite! Developer’s Easement Rights are Not Never-Ending

Wisconsin /

Developers of condominium communities and HOAs often reserve access easement rights within the Declaration/Deed Restrictions for the subdivision, especially when the Developer owns yet-undeveloped neighboring property. But what happens if the Developer forgets to reserve such easement rights specifically within the Declaration or Deed Restrictions? A recent case explores this dilemma, and at least in

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Declaration Amendment – Sometimes There is No Other Way to Accomplish Something

Wisconsin /

A unit owner sought to expand their unit by building additional living space on the roof of the association. The declaration, like all declarations, defined the various units and their locations.  Unlike many declarations, this one allowed top floor unit owners to expand their units on the roof of the building.  Expanding a unit would,

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