The answer to the question of when are fees unreasonable is simple: when a court says they are. Fairfield Ridge Homeowners Association (association) is an HOA in Ohio. The association entered into a management agreement with Elite Management Services, Inc. (EMS) to manage the association, including providing closing certification letters to sellers just before the […]
When Are Fees Unreasonable? Read More »
Summary Each owner of a lot in a planned community with multiple subdivisions was required to be a member of the master association – Holly Lake Ranch Association (HLRA). Some of the owners voted to amend their particular subdivision’s respective deed restrictions. The effect of which was to add a voting requirement for assessments, mandatory
Summary An insurance company can’t sue a condominium tenant in subrogation, even if they were negligent in starting a fire. The Facts The Declaration required the association to “obtain and maintain a … policy of all risk property insurance” for the association. The Declaration also required the policy to name as insureds the unit owners
Insurance Subrogation – Not Against A Condominium Tenant Read More »
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 »
Facts: The facts in the case of Forrest v. The Ville St. John Owners’ Association, Inc., No. 2018-CA-0175 (La. Ct. App. Nov. 7, 2018) are straightforward. In March of 2016 there was a fire. It damaged common element and the Forrest unit. The Association had two insurance policies: one for Property and one for Community
Insurance is NOT all the Same-Another Case Proving Why You Need an Insurance Committee Read More »
Facts When you are headed down the wrong path – TURN BACK. This applies to owners and associations when they act on their belief of what their documents say, but then learn that their understanding may be wrong. Often parties who make a mistake, or learn that they might have made a mistake, refuse to
