Record retention is a tricky subject.  Keep too much or for too long and opposing counsel in litigation will have all the documents they may need to prove that your association’s actions were discriminatory or amounted to selective enforcement, at least compared to its old records.  Keep to little or for too short of time and in your deposition or trial testimony you will be forced to admit that records that should have been kept were “not kept in the course of regularly conducted business-activity.”  Judges do not look kindly on that answer.  There are many other pitfalls as well, including some basic misconceptions:
Continue Reading HOA and Condominium Record Retention – What you NEED to Know!!

We’ve reached the point in the COVID-19 pandemic where states are starting to reopen.  So now what?  What does this mean for your Association?  Find out what your Association needs to do to reopen its common elements in this Vlog.  (Don’t mind the videography, it’s a work in progress!)

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I recently read an article on the difference between condominium and homeowner association officers and directors by an attorney out of Ohio, Jennifer B. Cusimano of Kaman & Cusimano, LLC.  It was well written, clarified a subject that is often confused, and inspired me to do my best to explain the difference to our readers.

In simple terms, directors are elected by the owners, officers are NOT.  Officers are elected by the Board of Directors annually. 
Continue Reading What is the Difference Between Community Association Directors and Officers?

Today Gov. Tony Evers extended the Safer at Home Order from April 24th to May 26, 2020, while allowing some businesses to start up again.  The starting spot though for any review of the order is paragraph 3, which identifies prohibited activities.  Here is what is says:

Prohibited activities. All public and private gatherings of any number of people that are not part of a single household or living unit are prohibited, except for the limited purposes expressly permitted in this Order. Nothing in this Order prohibits the gathering of members of a single household or living unit. Landlords or rental property managers shall avoid entering leased residential premises unless emergency maintenance is required.
Continue Reading Governor Evers Extends Wisconsin’s Safer at Home Order

Community Associations Institute and fellows of the College of Community Association Lawyers (CCAL) present special virtual, LIVE Q&A presentations about the issues facing community associations due to the Coronavirus pandemic. The link is below.  If you have a question that is not answered on the web page, please let us know and we will be

Summary

A single warranty date applies to each condominium building in a development.  Meaning that each unit does not have its own warranty date, and units in different buildings will likely have different warranty dates, unless they happen to be completed on the same date

The Facts

Village Lofts Condominium Association consisted of two buildings: A and B.  Building A was substantially completed in 2003 and Building B was substantially completed in November of 2004.  In 2014 the Association discovered various water leaks in Building A.  In June of 2015 they had also found similar leaks in Building B.  The Association repaired the leaks throughout both buildings.  In August 2015 the Association sued the developers and contractors for breach of warranty, breach of contract and negligence.  The defendants brought motions for summary judgment arguing that that the Association couldn’t bring a suit after 10 years based on the statute of repose (similar to a statute of limitations).
Continue Reading Investigate for Hidden Defects at Turnover or Pay the Price

Does your condominium association or HOA sign contracts for vendor services? Who does the contract protect – the vendor or the association?  What you need to know about condo association and HOA vendor contracts in less than a minute.

Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA

Even though most private residential Associations are not subject to the Americans with Disabilities Act (the “ADA”), the Fair Housing Act (the “FHA”) still applies and protects owners who have service animals. In some cases, the Association has the right to ask the owner for documentation supporting the need for a service animal, but not always…and the case below illustrates how pressing for documentation when the Association is not entitled to it can end up being quite costly for the Association.
Continue Reading Documenting a Service Animal—Is the Association Allowed to Ask? The Wrong Answer will Cost You.