An association in southeastern Wisconsin is made up of condominiums that are also rented out for the owners (condotels). In this particular case, a unit owner, who lived in Illinois, was in financial difficulty and wanted to file bankruptcy and turn their condominium over to their bank. The bank’s attorney prepared a deed in lieu […]
Banks & a Deed in Lieu Read More »
An association in southeast Wisconsin consists of plots of land upon which the various unit owners can park a mobile home or trailer. Under the association documents, unit owners cannot be in the trailer more than 60 days between October and April or a $10,000 monthly fine will be assessed. A unit owner owed more
Collecting Large Fines Read More »
When a Board or Property Manager sends a Unit Owner to its attorneys for collection, the Board or Property Manager should refer ALL communications from the Unit Owner relative to the debt, including the request for any pay off, to the attorney. Discussion by the Property Manager or Board with the Unit Owner almost always
Collections – Reconciliation of Unit Owner Ledgers and Conversations with Unit Owners Read More »
The Board of Directors of a condominium association has a fiduciary duty to make sure that all owners pay their dues and assessments. It is important that associations develop a collection policy and follow it consistently, as a collection policy of doing nothing could be a breach of a board’s fiduciary duty. Having knowledgeable and experienced legal
Condominium Collections: Why Foreclosure is the Best Option Read More »
Summary If your Association excessively fines an owner, expect a court to find a way to penalize the association. The Facts In 2004 Mr. and Mrs. Mills (“Mills”) bought a home in the subdivision called Galyn Manor. In 2007 Galyn Manor began fining Mills for a commercial work vehicle parked in their driveway in violation
Please join the Condominium & HOA Law Team on February 5, 2021, as we outline the NEW 2020 Robert’s Rules, how parliamentary procedure should be used to run meetings more efficiently, some case examples of fine issues that arise and how to solve them, some basic collection reminders relating to death, trusts and mortgages and
Association Academy: Your Rules, Robert’s NEW Rules and Court Rules Relating to Fines Read More »
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
Can a Court Set Aside a HOA-Lien Foreclosure Sale Because the Sales Price Was Too Low? Read More »
It has long been recognized that liens are statutorily created rights and consequently are strictly construed. What this means in English is that you can’t simply substantially comply with the lien filing laws. If you want your lien to be valid it must meet all of the statutory requirements and be filed timely. The Florida Court of Appeals
Everything is “Fine,” So Long as You Strictly Follow Your Documents Read More »
Facts A unit owner stopped paying assessments. The condominium association properly recorded and perfected a lien against the unit for those assessments. Under the applicable Oregon statute, the condo association lien is prior to all other liens, except tax liens and a first mortgage or deed of trust. An exception exists, such that the condominium
Lien Priority Statutes and Why They Make Sense Read More »
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.
Request Resale Certificates Rather than Roll the Dice Read More »
