News & Analysis as of

Condominium Associations

The Good, Bad & Boring – 2018 Amendments To Wisconsin’s Condominium Law

by Husch Blackwell LLP on

In 2018 three separate acts amended Chapter 703 of the Wisconsin Statutes. Chapter 703 is Wisconsin’s Condominium Ownership Act. The amendments mostly took effect on April 18, 2018, but some will go into effect later in the...more

Collecting Large Fines

by Husch Blackwell LLP on

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...more

“Sunshine Laws” Do Not Apply to Community Associations (Open Meetings are Still Required)

Frequently, there are complaints by association members regarding violations of Florida’s Sunshine Laws, Chapter 286, Florida Statutes, which mandates public access to records and meetings. Sunshine Laws only apply to state...more

Association Successfully Recovers From Unit Owner Who Refused To Fix Leaking Air Conditioner

by Husch Blackwell LLP on

Water leaked through a bedroom ceiling in a downstairs condominium unit causing a small amount of damage and a significant amount of inconvenience for the owner. Approximately one year earlier, a similar event took place as a...more

Chicago City Council Passes Ordinance to Protect Condominium Owners’ Personal Information

For associations located in Chicago, the Ordinance overrides the provisions of Section 19 of the Act. Not only does the Ordinance eliminate associations’ obligation to provide owners’ email addresses and phone numbers, it...more

New Decision from the D.C. Court of Appeals Recognizes Additional Defenses to HOA Super-Priority Lien Statute

As we noted in last week’s blog post, the District of Columbia Court of Appeals issued a decision on March 1, 2018, that created a new wave of uncertainty for lenders with loans secured by deeds of trust on condominium units...more

Is Your Upstairs Neighbor Noisy? – Floor Covering Restrictions

by Husch Blackwell LLP on

Noise coming from adjacent units is a common problem. It can be caused by many things, including music, instruments, appliances, running, jumping, or a myriad of other causes. Our advice has almost always been that if you...more

Proposed Legislation Would Require Developers To Name Unaffiliated Unit or Lot Owner To Condo and HOA Boards

by Baker Donelson on

House Bill 564 in the Maryland General Assembly would require a developer, upon the conveyance of 25% of the units or lots, to appoint at least one board member to the association’s governing body who is a unit owner or lot...more

Is a Foreclosure Crisis Looming in Our Nation’s Capital?

The District of Columbia Court of Appeals recently sent a new set of shockwaves through the mortgage industry in the nation’s capital when it released its decision in Andrea Liu v. U.S. Bank National Association. Having held...more

You Can’t Simply Look The Other Way—New HUD/FHA Rules That Affect Your Associations

by Husch Blackwell LLP on

There are some new HUD (Housing and Urban Development) Rules that went into effect October 2016 which may have a significant impact on Condominium and Homeowners Associations, and although we very much dislike these new Rules...more

HB Aids Association In Successful Defense Of Mold & Water Intrusion Suit

by Husch Blackwell LLP on

Husch Blackwell’s Condominium & HOA Law and Construction & Design teams defended a condominium association in a mold and water intrusion jury trial in Milwaukee County. The plaintiffs consisted of a family of four who...more

Can I Use The Prohibition On “Commercial Activity” To Preclude Short Term Rentals?

by Husch Blackwell LLP on

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...more

Why Hire An Attorney Who Specializes In Condominium & HOA Law

by Husch Blackwell LLP on

A condominium association had an owner that was uncooperative, didn’t like following rules and paid assessments on her own timeframe for more than 10 years. In the spring of 2009, another law firm started collection against...more

Parking Spaces – Should Your Association Be Charging And Collecting Sales Tax?

by Husch Blackwell LLP on

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...more

You Can’t Do That

by Husch Blackwell LLP on

This is an all too common phrase uttered by members of associations. It is most uttered when the Board is enforcing its condominium documents, including its rules. The chant increases in volume when the violating owner is...more

Controversial Amendments to The Illinois Condominium Property Act are Under Attack at Both State and Local Levels

Changes to Section 19 of the Illinois Condominium Property Act that took effect on January 1, 2018 require that associations include every unit owner’s email address and phone number on the unit owner contact list that is...more

Washington Legislature to Address Condominium Development Reform Efforts Next Week

by Lane Powell PC on

With housing demand at record highs in the Puget Sound region, many have wondered why so few of the cranes dotting the landscape are building new condominiums. A decade of condominium litigation lawsuits deterred both...more

Bored – Then Run for the Board

by Husch Blackwell LLP on

Associations often struggle to get sufficient members to fill their Board. The common perception is that it is too much work. It’s not, but there is work involved. However, if you are organized and willing to share some of...more

Fining for Tenant Violations? You Might be Doing it Wrong

by Husch Blackwell LLP on

You might think that when a tenant breaks a rule, that you can simply fine him like you would fine an owner-occupant. Or, you might think that you can just notify and fine the owner/landlord for his tenant’s violation, since...more

It’s Never Too Late to Ensure Your Association is Properly Insured

by Husch Blackwell LLP on

It has been said that insurance is the only product that both the seller and buyer hope is never used. That certainly rings true when it comes to community Associations’ insurance policies, but it does not diminish the need...more

Our Governing Documents Have Aged Nicely

by Husch Blackwell LLP on

Governing Documents for Condominium and Homeowner Associations don’t age well. They are not like a fine wine. They are more like cheap cheese. Remember, they were likely written by a developer who really only cared about...more

The Critical Importance Of Properly Serving A Construction Lien Claim

by Cole Schotz on

So, you properly file your construction lien claim within the time allowed by the New Jersey Construction Lien Law (“CLL”), and then timely send out a copy of the lien by certified and ordinary mail to the address of the...more

Time to Rehab the Aging Condominium Concept - Fixing Problems Uncovered By The Great Recession

by Bilzin Sumberg on

The condominium concept in the United States is now over 55 years of age. Many of the early condominium projects are old and in need of rehabilitation or cannot economically be rehabilitated and are candidates for demolition...more

New Amendments to the Illinois Condominium Property Act and Illinois Common Interest Community Association Act

Legislation that will take effect on January 1, 2018 will impose new obligations on Illinois condominium associations, including a requirement that every association maintain an official unit owner list that includes every...more

Assignment of Condominium Limited Common Element Use Rights

Condominiums are comprised of “units” owned by individual owners and “common elements” owned collectively by all owners. Pursuant to Chapter 718, Florida Statutes, “units” include all areas designated as such in the...more

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