Summary

The US Court of Appeals for the 4th Circuit held that a subrogation waiver provision in a construction contract barred an association’s insurance company from seeking to recover from an allegedly negligent contractor.

Facts

United National Insurance Company v. Peninsula Roofing Company, Inc.:  Pelican Beach Condominium (“Association”) needed a new roof. The Board, after obtaining specifications from an engineer, entered into a contract with Peninsula Roofing (“Contractor”).  The contract was a standard form AIA contract that is widely used throughout the country.  Peninsula Roofing placed a generator in the Association’s parking garage from which the contractor ran extension lines to power its tools. The generator caught fire and caused about $3 million dollars in property damage. Continue Reading Association Construction Contracts – What are Risks of that Waiver of Subrogation Term

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 and click here to learn more about lawyer Daniel J. Miske.

Do you know for a FACT that your condominium association or HOA has all of the insurance the law requires you to have? Learn about the insurance coverage your condo or HOA should get 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 and click here to learn more about lawyer Daniel J. Miske.

Even the best and most established real estate developers can face hard times, especially in the aftermath of recession and economic downturn, as we experienced a few short years ago. Many condominium and subdivision developments found themselves half completed, both in terms of units and homes built, and common area improvements (like streets and curbs) left undone.  Where a new developer comes in to build upon the remaining lots, what responsibilities does he take on?  As related in a recent 2019 case, the answer may be found in the original development agreements with the municipality. Continue Reading Did Your Developer Go Bankrupt and Leave your Association Holding the Bag? Your Remedy May Lie Within the Developer Agreement

This program was originally scheduled for September 19, 2019.  This program has been postponed.  We will post the new date as soon as it is determined and scheduled.

Please join Husch Blackwell’s Condominium and HOA Law Team at the Fireside Restaurant & Lounge on September 19 as we discuss the topics of collections, our new legal document review program and other legal issues facing your associations. Continue Reading Association Academy: Collections – Postponed – Date TBD

The Board of Directors always has the power to make and amend Rules and Regulations on its own, without owner approval…right? Wrong.  The Board’s rule-making power and authority completely depends upon what authority is given by the Declaration and Bylaws, and as we know, all associations’ Declarations and Bylaws are different!  This is true in Wisconsin and in many other States.  Knowing what is in your governing documents will keep you out of troubling lawsuits. Continue Reading Know What is in Your Documents—The Board Might Not Have the Authority You Think it Does…

How much insurance should your HOA or condo carry? Are your directors and officers covered? What happens in the unlikely event of a disaster? Please join Husch Blackwell’s Condominium and HOA Law Team and guest speakers Erica Joyce and Ryan Maloney, as they discuss critical insurance issues every board member, manager and unit owner needs to understand. Continue Reading Association Academy: Insurance – September 11, 2019

Now that the developer has turned over control to the condominium association and HOA owners, what happens next?  Learn in this Vlog 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 and click here to learn more about lawyer Daniel J. Miske.

The developer has not turned over your association but should have or the developer is about to turn over the association, but has not told you what that means.  This Vlog will tell you what you need to know in 60 seconds.

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 and click here to learn more about lawyer Daniel J. Miske.