1-888-800-1042
Kaman Cusimano Logo

Condo | HOA Lawyers

Fines

Association Academy: Condo and HOA: Zoning, Cyber Crimes, Fine Collection, and Emotional Support Animals

Please join us for this informative seminar. We’ll review fine collection, common zoning regulations and practices, the importance of cyber insurance, and recent updates from the Department of Housing and Urban Development on emotional support animals.

Association Academy: Condo and HOA: Zoning, Cyber Crimes, Fine Collection, and Emotional Support Animals Read More »

The Importance of Due Process—What is a “Notice and Opportunity to be Heard?”

Some states have statutes that require that Associations provide a notice and opportunity to be heard to a resident before the Association can fine them for a violation of the governing documents. Even though Wisconsin does not have such a statute, providing residents a notice of the alleged violation and opportunity to give their side

The Importance of Due Process—What is a “Notice and Opportunity to be Heard?” Read More »

Does Your Association Need a Fine Schedule and Late Fee Policy? Yes!

A Court in Arizona recently provided one more reason for your association to have a fine schedule and late fee policy (Turtle Rock III Homeowners’ Association v. Fisher, 2017 WL4837821 and 2017 Ariz. App. LEXIS 187). This particular Homeowners’ Association (“HOA”) required their owners to maintain their property in various ways relative to cleanliness and

Does Your Association Need a Fine Schedule and Late Fee Policy? Yes! Read More »

Tenants Due Process Rights are NOT the same as Owners Rights

Harbour Island Condominium Owners Association, Inc. v. Alexander, No. B285755 (Cal. Ct. App. Jan. 24, 2019) Summary In Harbour Island, the Court of Appeals of California held that tenants renting a unit that was part of a condominium association did not have standing before the board concerning meeting attendance and fines imposed for violations. The

Tenants Due Process Rights are NOT the same as Owners Rights Read More »

Fining for Tenant Violations? You Might be Doing it Wrong.

You might think that when a tenant breaks a rule, that you can simply fine him like you would fine an owner-occupant. Or, you might think that you can just notify and fine the owner/landlord for his tenant’s violation, since he’ll ultimately be responsible for the fine anyway, right? These assumptions are intuitive; however, anyone

Fining for Tenant Violations? You Might be Doing it Wrong. Read More »

Can I Use the Prohibition on “Commercial Activity” to Preclude Short Term Rentals?

Those of us involved in condominium management, whether as board members, officers, property managers or attorneys, know that VRBO and AirBnB have changed the way units are rented. Short term rentals are viewed by many associations as a problem that should be solved.  Specifically, these associations and managers would prefer that short rentals (most often

Can I Use the Prohibition on “Commercial Activity” to Preclude Short Term Rentals? Read More »

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

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.

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