What You Need to Know
Whether you are a buyer or seller when it comes to real estate contracts, you must strictly follow the statutes.
Hollar v. MarketPro South, Inc., 2023 WL 157643 Slip Opinion (U.S. Dis. Ct. Utah 1/11/2023)
Continue Reading Cancellation of an Offer to Purchase – Strictly Follow the Statute
Recently, Attorney Naomie Kweyu Husch Blackwell LLP, scored a huge bench trial win in a southeastern Wisconsin circuit court on a foreclosure and money judgment action.
If you want the best chance of collecting outstanding assessments, late fees, interest and attorney fees, you need to be organized, have a collection policy and follow your documents. Doing so can make a big difference to your association, as one of our clients recently learned – read more below:
Although fees for document disclosures may seem too high, the time and effort to litigate may not be worth it.
Continue Reading Fee Limits for Statutory Mandated Documents – How Much Can the Association Charge?
Always have an attorney fees provision in your association’s governing documents, even if the association is entitled to them under the law.
Continue Reading Attorney Fees and Associations
Montana Developer of three condominium-hotels at Big Sky Ski Resort sold units subject to Declarations that required “all unit owners to use [Developer], or an agent designated by [Developer], as their exclusive rental agents,” when renting out their condominiums. The Declarations also provided that “Unit owners may decline to renew the rental management contract with [Developer] after three years, but only if 75% of unit owners vote to end the contract with [Developer].” Of course, Developer also owned all of the commercial units, which constituted 22% of the voting units, and several residential units, practically making it impossible for 75% of the unit owners to do anything that the Developer didn’t want.
Continue Reading Claims for When Developers Have TOO Much Control of Association
Insurance policy language generally insures only what the condominium documents provide, not what state laws require. Having insufficient insurance can cost associations LOTS.
Continue Reading Insufficient Insurance Costs Association LOTS!!!
You read that right. Chickens. Are they pets or are they poultry? Depends what your governing documents say.
Continue Reading Chickens and Covenants
While many states have strong protections for private property, Associations can adopt architectural guidelines.
Continue Reading Association Can Adopt Architectural Guidelines
Is an Association liable if it did light the subdivision on private property?
Continue Reading Association Not Liable for Injuries from Accident on Owner’s Lot
Developer recorded a Declaration in 2001 for the 260 Jamie Lane Condominium Association (“Association”) consisting of nine units in what seemed to be one building, with an allocation of the percentage interests based on the square feet of each unit. Like most Declarations, it provided that “[e]ach Unit Owner shall pay his proportionate share of the Common Expenses … in the same ratio as his percentage of ownership…” with corresponding lien rights if the payment was not made. The Developer sold five of the units in 2001 upon apparently completing a building within the Association. The Developer filed an amendment to the Declaration and Plat which stated that the building where the five sold units were, was complete and describing “the proposed units for a different building to be constructed on Lot 1.” The Developer continued to own the four uncompleted units. The Association at some point began assessing the Developer for the four unbuilt units, and when the Developer refused to pay, the Association placed a lien on the unbuilt units.
Continue Reading Developer Liable for Assessments on Unconstructed Units