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Condo | HOA Lawyers

Judgment

What Happens When All Committee Members Resign, Refuse to Act or Move?

This issue arises more than one might suspect. Because of association apathy, many committees go unfilled and often even boards don’t have members.  The results of this apathy could be much different than you would expect. Facts.  In a 2017 case, the relevant property “was subject to a 1996 restrictive covenant that required the approval

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Can a Court Set Aside a HOA-Lien Foreclosure Sale Because the Sales Price Was Too Low?

When a mortgage company faces having its mortgage interest swept away in a quiet title action following an HOA lien foreclosure, the mortgage company comes up with all sorts of arguments as to why its mortgage should remain intact. This time, the arguments did not carry the day. Facts.  In a 2017 Nevada case, a

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Request Resale Certificates Rather than Roll the Dice

IMPRESSION: A recent Minnesota Court of Appeals ruling served as a stiff reminder to investor-purchasers of condominium units: request of association resale disclosure certificates should be undertaken as a matter of course (in Wisconsin this is essentially the Section 703.165(4) Wis. Stat. statement of the amount of unpaid assessments). DETAILS: In Bridge Investments, LLC v.

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Why Foreclosure and Money Judgment at the Same Time?

A Wisconsin condominium association had a unit owner who was habitually delinquent in the payment of assessments. Neither the association or the property manager had ever spoken to the unit owner.  The association hired an attorney who filed one small claims action after another against the unit owner every time she became delinquent.  The association

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