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Restrictive Covenants

Solar Panels – What Your Association Should Do When Someone Requests to Install Them

Wisconsin /

When faced with a request by a homeowner or condominium owner to install solar panels at your association, your Board needs to determine a number of things: Whether there are restrictive covenants or rules that prevent the installation; What “solar access rights” if any exist under their state’s laws; What if any restrictions the Association […]

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Amendments to Condominium Documents MUST be Reasonable to be Valid

Wisconsin /

Facts In 2016, a Master Association adopted seven amendments to its declaration.  The amendments addressed the Master Association’s authority to approve proposed uses of certain buildings, increased assessments on them, and imposed additional restrictions on those buildings’ tenants.  In response, the building’s prior owner (“Building Owner”) filed suit against the Master Association and eight individual

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Architectural Control and your Community Association—Limits on the Discretion of the Board

Wisconsin /

Many condominium and homeowners associations (HOAs) have an architectural control committee (ACC).  Oftentimes, the Board of Directors assumes the role of the ACC rather than having a separate committee.  Where the governing documents give the Board/ACC discretion over proposed architectural/exterior changes within the association, what are the limits to that discretionary power? Facts In a

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GOOD BYE: Association Who Fails to Enforce Covenants Loses Right to ENFORCE

Wisconsin /

Facts In 2016, Plaintiff sent Defendants a letter telling them that the dog-breeding building (“kennel”) they built violated the restrictive covenants of the Texas association.  The restrictions had been recorded in 1981.  The letter stated that the kennel constituted a “noxious or offensive activity.”  Defendants tried sound proofing the kennel in response.  Plaintiff’s then sued

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The Language Used in Documents, Amendments and Motions Matters

Wisconsin /

Summary Your Association should ensure that the language and definitions in governing documents reflect the intentions of the Association.  If they don’t, amend them, don’t just pretend they say something they don’t say Facts Sunburst Farms East (the “Association”) is a residential community consisting of four sections with individual lots (Sections 2, 3, 4, and

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