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Daniel represents condominium and homeowners associations (HOAs) throughout the state. He handles the many issues facing the boards of directors and managers of condominium associations, homeowner associations, cooperatives and timeshares, including document amendments, collections, contracts, rules and governance.

What you need to know: In some States amendments to a HOA declaration that was not reasonably foreseeable is not enforceable. 

MacLeod v. Mogollon Airpark Inc., Not Reported in Pac. Rptr., 2023 WL 2582622 (Cal. 2023)

Issues:

  1. Was the CC & R amendment prohibiting occupancy of certain guest houses to less than 4 months a year? 
  2. Was the owner entitled to attorney fees for winning the appeal?

Continue Reading An HOA Amendment that was not Reasonably Foreseeable under the Original Declaration may not be Enforceable Without the Consent of 100% of the Owners

Wis. Stat. 895.52 and the related cases

The starting point for recreational immunity is to understand that the purpose of the law is to induce property owners to open their land for recreational use. Therefore, recreational users are to bear the risk of the recreational activity. Held v. Ackerville Snow Club, 2007 WI App 43, 300 Wis. 2d 498, 730 N.W.2d 428, 06-0914. This immunity protection applies to condominiums and homeowner associations, even though for condominiums the association is not the owner of the land, because the association is an occupant of the land.  Bethke v. Lauderdale of LaCrosse, Inc. 2000 WI App 107, 235 Wis. 2d 103, 612 N.W.2d 332, 99-1897.  Continue Reading Recreational Immunity in Wisconsin – What You Need to Know

What you need to know:

Where the governing documents or the statute place the authority to interpret the governing documents with the board, the board’s interpretation will be binding unless unreasonable. However, if a director has a conflict of interest, the director can’t be part of the decision making process or the vote and must recuse herself/himself.Continue Reading Conflicts of Interest and The Boards Power to Interpret the Governing Documents

What you can’t do:

  1. Breed, size, and weight limitations may not be applied to an assistance animal.
  2. Pet conditions and restrictions such as pet deposits cannot be applied to assistance animals.
  3. You may not ask an applicant or tenant to:
    • Provide access to medical records or medical providers or
    • Provide detailed or extensive information or documentation of a person’s physical or mental impairments.
  4. A request for a reasonable accommodation may not be unreasonably denied, or conditioned on payment of a fee or deposit
  5. The response to a reasonable accommodation may not be unreasonably delayed.
  6. You are not entitled to know an individual’s diagnosis or require disclosure of:
    • Medical records,
    • A diagnosis or
    • The severity of a disability.
  7. You may not insist on specific types of evidence if the information which is provided or actually known to the association meets the requirements of the FHA (Fair Housing Act).

Continue Reading 7 Things You Need to Know about Emotional Support Animals in 2023

Need to Know:

  1. Unit Owners and association members often say mean and rude things about Board members, even though those Board Members are volunteers. 
  2. For a Board Member to have a viable claim for defamation the Board member must recognize that the courts view them as limited public figures, which means they MUST be able to allege and prove that.
    • The defendant published a false and defamatory statement about the plaintiff, and
    • The statement was made with actual malice, i.e., with knowledge the statements were false or with what amounts to conscious disregard of their falsity.

Continue Reading Defamation Claims by Directors and Officers Against Members – What you Need to Know