A defense owners can raise if the Board claims the owner has violated the rules is “selective enforcement,” meaning the Board arbitrarily picks on some violators and not others. In addition, owners oftentimes like to rely on approval given by one board member, taking that as “Board approval” of the owner’s actions. The case below […]
A Maryland Court recently ruled on the extent of powers a Condominium Board had in dealing with a unit owner who was delinquent in assessments (Elvation Towne Condominium Regime II, Inc. v. Rose, 162 A.3d 1027). The Association at issue adopted a policy by which delinquent unit owners would be deprived of their right to
Delinquent Owners – Withholding Access to Common Elements Read More »
Some states have statutes that require that Associations provide a notice and opportunity to be heard to a resident before the Association can fine them for a violation of the governing documents. Even though Wisconsin does not have such a statute, providing residents a notice of the alleged violation and opportunity to give their side
The Importance of Due Process—What is a “Notice and Opportunity to be Heard?” Read More »
Many of you may have seen the June 7, 2021, Milwaukee Sentinel story about a Milwaukee area home that was flying two flags: one the US flag and the second a Pride flag. According to the story, the owners were told to take down the Pride flag because the association only allowed the US flag.
Seeing Injustice is Easy – Solving Problems is HARD Read More »
A Court in Arizona recently provided one more reason for your association to have a fine schedule and late fee policy (Turtle Rock III Homeowners’ Association v. Fisher, 2017 WL4837821 and 2017 Ariz. App. LEXIS 187). This particular Homeowners’ Association (“HOA”) required their owners to maintain their property in various ways relative to cleanliness and
Does Your Association Need a Fine Schedule and Late Fee Policy? Yes! Read More »
Wouldn’t it be great if you knew if your condominium documents complied with the law? Or if you already suspect that there may be some issues, exactly what those issues are? Now you can! In the same way that a Reserve Study helps a property manager or a board of directors manage their association more
Condominium Legal Document Review Program Read More »
A condominium association in the Milwaukee area was owed more than $2,000 in fines by one unit owner. For more than a year, the unit owner had been fined numerous times due to the same violations of the bylaws which the unit owner refused to correct. While the unit owner paid assessments monthly, the unit
Unit Owner Bad Behavior – When Fines are Ignored Read More »
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
Solar Panels – What Your Association Should Do When Someone Requests to Install Them 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 »
Can our condominium association or HOA fine that resident that just won’t follow our rules? YES, just follow a few simple procedures. Learn how in less than a minute. Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys? Read all about condo and HOA law at Association Alert
Condo Association & HOA Fines in Less Than 1 Minute Read More »
