Rentals Archives - Kaman & Cusimano

Association Academy: If it Weren’t for the People, Association Living Would be Perfect

Some frequently encountered legal challenges and issues that can prove time-consuming and costly when mishandled. Topics Condominium legal document review Collections from a debtor’s perspective Handling disruptive unit owners and residents Arbitration Hoarders and foreclosures Rentals and smoking Construction issues]

Association Academy: If it Weren’t for the People, Association Living Would be Perfect Read More »

Banks & a Deed in Lieu

Wisconsin / K&C Wisconsin Team

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 »

Smoking and the Unreasonable Unit Owner Attorney

Wisconsin / K&C Wisconsin Team

A unit owner, who is also an attorney, was renting his unit to his mother and believed that the condominium association board, the association, the property manager and the association’s attorney didn’t like him because of his Russian nationality. His mother, who allegedly had asthma and could not tolerate smoking, was upset because her Armenian

Smoking and the Unreasonable Unit Owner Attorney Read More »

Tenants Due Process Rights are NOT the same as Owners Rights

Wisconsin / K&C Wisconsin Team

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 »

Fees for Self-Renters Who Don’t Enter the Rental Pool are Legal

Wisconsin / K&C Wisconsin Team

Facts Association Board adopted a resolution that unit owners in the Association who self-rented but did not join the rental pool would need to pay 20% of their rental income to the Association because the self-renters “did not contribute financially for the extra expense of their leasing activity or for the beneficial services provided by

Fees for Self-Renters Who Don’t Enter the Rental Pool are Legal Read More »

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

Wisconsin / K&C Wisconsin Team

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 »

Short-Term Rentals—A Tale of Two Cases

Wisconsin / K&C Wisconsin Team

Courts across the country have been hearing cases about short-term rentals of homes and condominium units, and there is not much consistency in the decisions made. Sometimes, it is the homeowners’ association that is trying to enforce its covenants in a manner that prohibits short-term rentals, and sometimes it is a municipality trying to enforce

Short-Term Rentals—A Tale of Two Cases Read More »

Parking Spaces – Should Your Association be Charging and Collecting Sales Tax?

Wisconsin / K&C Wisconsin Team

Yes! Thankfully, if the association has not been doing so, there is a way to reduce your back-tax liability, interest and penalties. Do you have parking that is rented out by the Association? Do you charge different monthly assessments for those with a parking spot? Do you charge a fee for a boat dock or

Parking Spaces – Should Your Association be Charging and Collecting Sales Tax? Read More »

Can a Court-Appointed Receiver Collect Assessments Coming Due While a Unit is in Lien Foreclosure?

Wisconsin / K&C Wisconsin Team

Condominium associations generally have a number of legal remedies to pursue when an owner stops paying assessments. An Ohio court recently found that associations may collect assessments as they come due during a lien foreclosure action by and through a court-appointed receiver. Facts. In a 2017 case, an investor owner of a condominium unit, who

Can a Court-Appointed Receiver Collect Assessments Coming Due While a Unit is in Lien Foreclosure? Read More »

Can the Association’s Documents be Contradictory and Still Enforceable?

Wisconsin / K&C Wisconsin Team

A recent New York Court dealt with an issue on leasing (Olszewski v. Cannon Point Association, Inc., 148 A.D.3d 1306 (2017)). The Board adopted rules and regulations that placed restrictions on leasing that contradicted relevant portions of the Association’s Bylaws. The Association then fined the owner for violating these restrictions and the owner sued. The

Can the Association’s Documents be Contradictory and Still Enforceable? Read More »

Condo | HOA Lawyers

Rentals

Association Academy: If it Weren’t for the People, Association Living Would be Perfect

Banks & a Deed in Lieu

Smoking and the Unreasonable Unit Owner Attorney

Tenants Due Process Rights are NOT the same as Owners Rights

Fees for Self-Renters Who Don’t Enter the Rental Pool are Legal

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

Short-Term Rentals—A Tale of Two Cases

Parking Spaces – Should Your Association be Charging and Collecting Sales Tax?

Can a Court-Appointed Receiver Collect Assessments Coming Due While a Unit is in Lien Foreclosure?

Can the Association’s Documents be Contradictory and Still Enforceable?

Browse Our site

Keep in Touch

Latest Posts

©2024 KAMAN & CUSIMANO, LLC